PROJ02179

• Contract/PO #: 04000000014
• Contractor Name: Clear Creek Economic Development Corporation
• Contract Type: Grant
• Water District: 0
• Loan Projects - Doc Type: Feasibility Study

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"The property shall at all times be used by persons, groups, organizations and schools
authorized by the Town of Empire, and shall be used only as open space, a public park or a
place of recreation including such structures and improvements consistent with, and supporting
such uses. Consistent uses shall include park benches, playground equipment, picnic tables,
drinking fountains, play sets, soccer fields, bicycle paths, outdoor basketball courts, or
outdoor skateboard or in-line skating facilities; and In no event shall any portion of the
property be 1,lsed for a golf course, driving range, or any other golf facility."

The above restriction allows relatively broad uses, however, it would be advisable to obtain an
amendment to the warranty deed or seek legal opinion that a reservoir would be an acceptable use.
Prior to construction, plan review and approval would be subject to Town of Empire review, approval
and construction permits in accordance with typical requirements.

U.S. Army Corps of Engineers 404 Permit/Endangered Species Act

As discussed previously, a Section 404 Nationwide Permit will be necessary to construct the project.
This would most likely be conducted under Nationwide Permit 18 (Minor Discharges), which allows
excavation/fill of up to 25 cubic yards below the plane of the high water mark and loss of up to 1/10
acre of wetlands.

As part of the 404 permitting process, a review will be made by the US Fish and Wildlife Service to
determine required mitigation for depletions to the flow of the South Platte River. Currently, for new
depletions greater than 25 acre-feet per year, replacement is required on a 1: 1 basis. For depletions of
25 acre-feet per year or less, mitigation in the form of 1: 1 replacement of depletions can be provided
or payment of a one-time fee ranging from approximately $200 to $250 per acre-foot of depletion can
be provided. Average annual depletions for the Ball Placer Reservoir would be approximately 27.5
acre- feet per year. AI: 1 replacement of depletions would not be practical and we recommend
designating approximately 3 acre-feet per year of the Vidler Tunnel allocation as mitigation to reduce
the impact of the reservoir project to less than 25 acre-feet per year and payment of the fee if the
reservoir is used only to store water under its own water right. If Vidler or other senior water rights
are stored in the reservoir, then the depletive effect of water stored under the reservoirs own water
right will be less than 25 acre-feet. Depending on the fmal resolution of the "Cooperative Agreement
For Platte River Research and Other Efforts Relating to Endangered Species Habitats Along the
Central Platte River, Nebraska" that was entered into between the states of Wyoming, Colorado,
Nebraska and other agencies in July 1997, this requirement may not be necessary in the future.

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